A Practical Treatise of Powers |
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Page xii
... Appointment is autho- rised 395 I. Where it is not authorised 395 II . Where it is authorised SECT . 4 What is deemed an illusory Appointment SECT . 5. Of the Construction of a Power to appoint to Children I. To whom an Appointment may ...
... Appointment is autho- rised 395 I. Where it is not authorised 395 II . Where it is authorised SECT . 4 What is deemed an illusory Appointment SECT . 5. Of the Construction of a Power to appoint to Children I. To whom an Appointment may ...
Page xiii
... Appointment 465 I. Particular Cases on Limitations in De- fault of Appointment ib . II . How Estates go where the Appointment is bad 471 CHAP . X. OF POWERS TO LEASE . SECT . I. Of the General Rules of Construction appli- cable to this ...
... Appointment 465 I. Particular Cases on Limitations in De- fault of Appointment ib . II . How Estates go where the Appointment is bad 471 CHAP . X. OF POWERS TO LEASE . SECT . I. Of the General Rules of Construction appli- cable to this ...
Page 63
... appointment . To avoid any doubt on this point , where A is tenant for life , remainder as he shall appoint , it is usual to first appoint the estate , and then convey the life estate . And this , it is quite clear , may be done by the ...
... appointment . To avoid any doubt on this point , where A is tenant for life , remainder as he shall appoint , it is usual to first appoint the estate , and then convey the life estate . And this , it is quite clear , may be done by the ...
Page 76
... appoint by will , or to the children living at the parent's decease , as he shall appoint by deed or will , with a ... appointment . The case has been consi- dered similar to that of Page and Hayward ( t ) . To this opinion the author ...
... appoint by will , or to the children living at the parent's decease , as he shall appoint by deed or will , with a ... appointment . The case has been consi- dered similar to that of Page and Hayward ( t ) . To this opinion the author ...
Page 79
... appointment was merely nugatory , and nothing distinct or different from the fee . The fee was clearly in the husband until appointment . In Goodhill v . Brigham ( y ) it was held , that a power added to the fee was merely void . So the ...
... appointment was merely nugatory , and nothing distinct or different from the fee . The fee was clearly in the husband until appointment . In Goodhill v . Brigham ( y ) it was held , that a power added to the fee was merely void . So the ...
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Common terms and phrases
appears authorised authority bargain and sale cestui Chudleigh's cited common law consideration considered conveyance court court of equity covenant to stand creating the power decided decision declared default of appointment defeated demised determined devise dispose doctrine dower Duke Earl equity estates limited executing the power executors exercise expressly extinguished favour fee simple feme covert feoffees feoffment given Goodtitle grant heirs held husband intention interest jointure Judges land leasehold estates legal estate lessee Lord Alvanley Lord Chief Justice Lord Eldon Lord Hardwicke marriage ment objects observed operate opinion party person possession power in gross power of appointment power of leasing power of revocation purchaser release remainder-man rent revoke scintilla juris seisin sell settled settlement simply collateral Smith stand seised statute statute of frauds tail take effect tenant Term Rep tion trust vested Vide supra void wife words
Popular passages
Page 536 - Ash, by any deed or deeds, writing or writings, with or without power of revocation and new appointment, to be by him sealed and delivered in the presence of, and to be attested by, two or more credible witnesses...
Page 8 - ... to all intents, constructions and purposes in the law, of and in such like estates as they had or shall have in use, trust or confidence of or in the same...
Page 536 - CD (in his actual possession now being by virtue of a bargain and sale to him thereof made by the said AB in consideration of five shillings in and by an indenture bearing date the day next before the day of the date of...
Page 311 - ... who has given him an interest extensive enough to enable him to discharge it, he is a trustee for the exercise of the power, and not as having a discretion, whether he will exercise it, or not; and the court adopts the principle as to trusts; and will not permit his negligence, accident, or other circumstances, to disappoint the interests of those, for whose benefit he is called upon to execute it.
Page 8 - ... be from henceforth clearly deemed and adjudged to be in him or them that have or hereafter shall have such use confidence or trust, after such quality manner form and condition as they had before in or to the use confidence or trust that was in them.
Page 310 - • are never imperative: they leave the act to be done at the will of the party to whom they are given. Trusts are always imperative, and are obligatory upon the conscience of the party intrusted.
Page 197 - ... and shall be attested and subscribed in the presence of the said devisor by three or four credible witnesses, or else they shall be utterly void and of none effect.
Page 397 - What is an illusory share, and what is a substantial share ? Is it to be judged of upon a mere statement of the sum given, without reference to the amount of the fortune, which is the subject of the power ? If so, what is the sum that must be given to exclude the interference of the Court ? What is the limit of amount at which it ceases to be illusory and begins to be substantial ? If it is to be considered with reference to the amount of the fortune, what is the proportion, either of the whole or...
Page 536 - ... to the uses upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations...
Page 357 - ... and the heirs of his body; and in default of such issue then, over,